AbstractStudents’ rights of privacy are the fundamental rights protected under Article 22 of the Constitution, which may facilitate the full development of their characters and their self-realization during their years in school. Nonetheless, under the influence of the theory of traditional power relations, students are considered as the group which is heavily controlled and supervised. As opposed to other people, students’ fundamental rights, including rights of privacy, are with the tendency of being disregarded by the faculty and administrative staff on campus.
A great amount of educational measures in schools is likely to infringe students’ rights of privacy, i.e., the seizure conducted so as to maintain order, the transcripts sent by the school which show the grades of all students in a class, the safekeeping of student information. Since these measures are closely related to students’ rights of privacy, the infringement of students’ rights of privacy may be easily caused by teachers’ intentional or negligent actions. As such, to enhance the status of students in school as the subject of rights and to defend students’ rights of privacy should be given relative weight by people who concern about education for students. Nevertheless, teachers, derived from their teaching freedom, should also have the rights to choose the discipline manner most beneficial to schools and students. In this connection, when seeking the protection for students’ rights, one shall not impose excessive restrictions on the implementation of teachers’ education measures, but shall obtain the balance between students’ rights of privacy and teachers’ rights of discipline.
The thesis first lays out the definition and the content of protection of students’ rights of privacy and introduces how some of the most noted foreign legal systems have implemented the protection of students’ rights of privacy. Further, the actual cases in Taiwan are examined to indicate the currently insufficient protection. Lastly, improvement goals and suggestions for the protection of students’ rights of privacy are provided in the hope of giving the faculty, as being on the front line of education, a clear path to endeavor and awakening educators’ care and awareness for students’ rights of privacy.
|Date of Award||2011 Jan 18|
|Supervisor||Yue-Dian Hsu (Supervisor)|